SETTLEMENT OFFER: You REJECT Offer and Want to Go to TRIAL! Can You Do That? NY Attorney Explains
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- Опубліковано 2 сер 2024
- SETTLEMENT OFFER: You REJECT Offer and Want to Go to TRIAL! Can You Do That?
www.Oginski-Law.com/
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com
You sued your doctor.
You sued the hospital where you had surgery.
All for medical malpractice.
For causing you harm and injury.
The doctor and hospital you sued don't believe they did anything wrong.
"We'll see you at trial," their attorney tells your lawyer.
You spend years litigating your case.
There's no end in sight.
One day your lawyer calls you to tell you that as your case was getting closer to trial, the defense attorney called to make a settlement offer.
You're shocked.
You thought they'd never offer a dime.
You can't believe they waited all these years before starting to negotiate.
Your lawyer tells you what they've offered.
You're upset.
You're angry.
You're outraged at their offer.
Your lawyer then gives you his opinion about their offer.
He tells you that it's a fantastic settlement offer and you're not going to get another dime from them during settlement discussions. He suggests you accept their offer and settle your case now.
You're confused.
You're not clear.
You want your day in court.
You want the Judge to hear your case.
You want six members of the community, the jury, to hear your case.
You want to publicize what happened to you.
You're not interested in settling your case now.
The defense had their chance to settle early on and they blew it.
Now you want a jury to decide your case.
What do you do?
Do you listen to your attorney?
Do you reject the offer?
What happens if you reject their offer?
Watch the video to learn the answers to those questions.
Then, if you want to learn about the times you are likely to be frustrated during your medical malpractice case, I invite you to watch the videos below.
THE FIRST TIME YOU ARE LIKELY TO BE FRUSTRATED IN YOUR LAWSUIT
• When Is the FIRST Time...
THE SECOND TIME YOU ARE LIKELY TO BE FRUSTRATED IN YOUR LAWSUIT
• When Is the SECOND Tim...
THE THIRD TIME YOU ARE LIKELY TO BE FRUSTRATED IN YOUR LAWSUIT
• When Is the THIRD Time...
THE FOURTH TIME YOU ARE LIKELY TO BE FRUSTRATED IN YOUR LAWSUIT
• When Is the FOURTH Tim...
THE FIFTH TIME YOU ARE LIKELY TO BE FRUSTRATED IN YOUR LAWSUIT
• When Is the FIFTH Time...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: www.oginski-law.com/video/car...
To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, www.Oginski-Law.com
If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
#lawsuit #medicalmalpractice #lawyer #apology #doctorscrewedup #apologize
You’re a legend. Lawmed10 popped up on my feed and man, you have come a long way. Truly, I don’t think anyone has more well documented videos on personal injury than you. Even back in the early days, you were way ahead of your time seeking to document these things on UA-cam. Legendary!
Thank you! Appreciate your kind words.
Thank you, Gerry
You’re welcome.
Very good lecture!!👍🏻
Thank you.
Been with my lawyer for a year and a half he sent the demand letter and hasn't even asked me exactly what happened. Not sure if he even got all my medical records.
Why don’t you call him and ask him.
@@NYMedicalMalpractice I don't feel like I should have to keep calling him. He should call me and let me know what is going on.
Thank you. I'm learning a lot from your videos. How is Daisy?
You’re welcome, and daisy is doing just great. Thank you for asking.
A commercial running in metro Detroit
"The lawyers need the money more than the victims."
Seems a civil rights case against government, a government that has pre-punished me, humiliated me, abused me while locked up, wants the taxpayers to think the money goes to the victim.
The lawyer I couldn't afford, gives me credit to obtain justice that I can't pre-pay for.
This attorney gets 40% plus fees, in Michigan a civil rights case wins attorneys fees.
The case has been hush hush, one defendant has a protection order for herself on the case.
A trial seems to be the only way to clear my name.
I never committed any crime.
Some people think my case was dismissed over a technicality, or I must have said or done something to be arrested.
It was and is a nightmare case.
I had a heart attack 5 months into a malicious prosecution. I had to appear 8 days later, no postponement, except when they needed it.
I am told it my heart attack had nothing to do with my case.
Since the attorneys get most of the money, I get their future voters to know what they did and a chance at clearing my tarnished name.
I am gambling on justice.
Sorry to hear that.
Sorry about the rant.
I'm soon so sorry for what happened to you. Justice will prevail in the end, Everyone will rea o what they sew, especially when harm os caused by malicious and greedy intent. Lawyers ate like giants who can defend us or eat us
I'm in the middle a case I was a victim of a unprovoked attack I have c6 nerve damage in my left back of my neck down my left arm causing spasms and I also having symptoms of ptsd my lawyer was trying to talk me into taking 50,000 for my injury but not ptsed he said I can get help on my own for the ptsd when both of my Dr on worker comp said dr stated I got it from my attack I feel like my lawyer is not trying to help me what can i do
I’m sorry to hear that.
Gerry, if your client is extremely unreasonable, can you tell him that you don't believe that you would be able to represent him and ask him to hand over the case to another attorney?
Yes.
Question Sir, once you settle how long will it take to get the money and Is there paper work saying what was offered. Keep up the great Videos ⚖️
The answer is, it depends. It depends on the state laws. In New York, your attorney should know the answer and along with your check you will be provided a detailed list of all the expenses.
Gerry in NY how long does it usually take for things to start happening once a lawyer files a complaint. And could a case be settlement in a matter of couple months rather than year or two if the evidence against the defendant is clear as day.
The answer is, with many things legal, it depends. Once a lawsuit started and properly filed, the people you are suing have a certain amount of time within which to answer the allegations. If they do not answer the allegations in a timely manner, that will temporary derail the case and lead to other steps that must be taken first.
Or maybe your attorney doesn’t want to go to trial because of the expense and all the work and time that comes with it…. Such a difficult decision, I would strongly recommend anyone in this situation to try and read all sides including your own.
Good point.
Thank you so much for your videos. I recently commented how you have helped answer questions that my lawyer would not. I have since fired him and retained another lawyer. My question is: Can my ex-lawyer, who was abusive all along, cause any harm in any actions to my case because he is upset that I fired him? Can he withhold, alter, or prejudice my records or my case in any way. Is my current attorney required to split a settlement "evenly" with the former attorney, even though the former attorney did not do his due diligence to accurately stress important and key points of my case, and instead caused me great stress, and was an abusive "bully?".
Great thanks to you sir
Cannot answer those things in this short format.
What happens if the offer the attorney recommended gets turned down by the client. But the insurance company that hired the defense attorney to take on a case refuses to go to trial? Can that happen?
That does not happen.
I'm experiencing the exact thing that the attorney was convicted of the attorney even harassed me on my part time job with some stranger flashing a Atlanta bar business card covering up his name with his thumb I've reached out to 11 Alive Action News and Dale Russell with Fox 5 News who investigated the most recent case still waiting to hear from either of them
Sorry to hear that.
Well put !! It's like playing the game of "The Price is Right". It definitely is a Gamble..
Indeed.
Not to question your intelligence, when a client is feeling pressured final offer without documentation, as in verbal stating it is their final offer without a deadline given. Should be in "documentation" for reassurance to present to their clients.
Take it Gerry you could ask the defense for this to be in documentation over verbal?
Sometimes. Sometimes negotiations happen quickly and over the phone and one side places deadlines on an offer.
Thanks alot for sharing all of those points
Legal consultant /ahmed zidan
You’re welcome.
No one is willing to take mine even though they can’t explain why not. Also, aren’t saying I don’t have one just that they don’t take the case?
In regards to an app development
Ok
Another great conversation 🌎🇺🇸
Hello, From Rancho Mirage California 🇺🇸
I sure would like to talk about my case
I have a story for U ..
Just Wanted to say what is a good time to talk . Thank you for your help and support. O ,yes what a beautiful Beach ⛱️
Thank you.